ORDER Saad Saood Jan (Chairman^--The appellant claims seniority over respondents Nos. 2, 3 and 5 in the grade of Superintending Engineers, lt is conceded by his leamed counsel that respondents 2, 3 and 5 were appointed as Superintending Engineers on dates earlier than his date of promotion to that grade. Prima facie therefore the appellant's claim to seniority over them is without any basis.
2. The leamed counsel for the appellant, however, contends that the appellant's promotion to the grade of Executive Engineer was initially withheld on the basis of some adverse remarks which were subsequently expunged. Consequently, he was given pro forma promotion to the grade of Executive Engineers from a date which was prior in time to the dates of the promotion of respondents 2, 3 and 5 to the said grade. As such as Executive Engineer he was senior to these respondents. On that very basis he was entitled to promotion as Superintending Engineer from a date which was anterior to the dates of promotion of the said respondents.
3. We have considered the contention of the leamed counsel but do not find any merit in it. The decision of the Government whether a person is fit for promotion is not appealable before the Tribunal by virtue of paragraph (6) of the proviso to section 4 of the Punjab Administrative Tribunals Act 1974. It follows therefrom that the Tribunal cannot direct the Govemment to promote a person from a particular date. In the circumstances the contention raised by the leamed counsel is outside the jurisdiction of this Tribunal.
4. We are, however, surprised to leam from the leamed counsel that the appellant's representation with regard to his pro forma promotion to the grade of Superintending Engineers from a date earlier than the dates of promotion of respondents 2, 3 and 5 is pending with the Govemment for over 3 years now. This is long enough a period for the Govemment to have taken a decision on the representation. We hope that the Govemment willl not delay its decision any longer and will end the suspense of the officer by al very early date. | 5. For the reasons stated above this appeal is dismissed in limine.